AMY, Judge.
The defendants in this matter are the purchasers, or successors-in-interest to the purchasers, of a certain parcel of immovable property. The credit sale deed provided for payment in the form of a cash
The plaintiff, Gary Morgan, was the owner of a parcel of immovable property in Concordia Parish. According to the record, Mr. Morgan placed the property into the Conservation Reserve Program (CRP) through the Farm Service Agency (FSA). The record suggests that Mr. Morgan entered into a CRP contract whereby he agreed to abide by the rules and regulations of the CRP program and in return would receive a certain number of annual rental payments.
After Mr. Morgan entered into the CRP contract, he began negotiations with one of the defendants, Craig Stephen Pardue, to sell the property. The result of those negotiations was that, in 2009, Mr. Morgan sold the property by credit sale deed to Amanda Smith Pardue, Craig's then-wife, and their two children, Leslie Cristine Pardue and Stafford Weston Pardue. The credit sale deed provided for payment in the form of a $74,000 cash payment; a $36,000 promissory note, payable at 5% interest and maturing in five years; and reservation to Mr. Morgan of ten years of CRP payments in the amount of $5,480 per year. The credit sale deed noted that the purchasers could satisfy the CRP reservation by making a lump sum payment equal to any remaining CRP payments. The $36,000 promissory note was attached and paraphed "ne varietur" to identify it with the credit deed.
Craig and Amanda have since divorced, and the record contains a community property settlement and amended community property settlement that transfers Amanda's 40% interest in the property to Craig and provides that Craig will hold Amanda harmless for any debt associated with the property. Craig, Stafford, and Leslie subsequently transferred their interest in the property to CLS Hunting Club, LLC. Documents filed into evidence indicate that Craig, Stafford, and Leslie were all managers of that limited liability company. Further, the record indicates that Stafford died after that transfer was made and that his interest was split between Craig and Leslie.
Whether annual payments were required by the promissory note is disputed by the parties. According to Mr. Morgan, the credit sale deed contemplates annual payments. Craig's position is that the promissory note itself does not require annual payments. Mr. Morgan testified that Craig was unable to make an annual payment in 2010, and that he and Craig agreed to forego that payment and recalculate the remaining payment schedule. The record indicates that Craig made a payment of $10,027.45 in 2011. Although Craig attempted a payment of $1,500 in 2012, Mr. Morgan refused to accept that payment. Craig also attempted a payment of $34,048.52 after the institution of this action; according to Craig, that payment was made on the maturity date of the promissory note and was sufficient to satisfy the outstanding balance. The record indicates that Mr. Morgan refused acceptance
In 2012, the FSA learned that Mr. Morgan was no longer the owner of the property. Whether the defendants had an obligation to transfer the CRP contract to their names and whether they had missed the window of opportunity to do so was hotly contested at trial. In any event, the FSA cancelled the CRP contract and required Mr. Morgan to repay the annual rental payments he had received, a "cost share" payment plus interest, and liquidated damages.
After the CRP contract was cancelled, Mr. Morgan filed the instant litigation, seeking dissolution of the sale pursuant to La.Civ.Code art. 2561 for nonpayment of the price. In addition to alleging that the defendants did not abide by the rules and regulations of the CRP program, which allowed the CRP contract to lapse and deprived him of the annual payments he was entitled to receive, Mr. Morgan alleged that the defendants failed to make annual payments as required by the promissory note.
After a trial, the trial court found in favor of Mr. Morgan and entered judgment: dissolving the sale of the property described in Paragraph 2 of Plaintiff's petition subject to a return of all consideration paid by the Defendants, Craig Stephen Pardue, Amanda Smith Pardue, Leslie Cristine Pardue, and the Unopened Succession of Stafford Weston Pardue, to the Plaintiff, Gary N. Morgan, less and except the following setoffs and credits:
Craig now appeals, asserting that the trial court erred in dissolving the sale. Additionally, although she has not filed an answer to the appeal, Amanda requests in her appellate brief that she be dismissed from this suit. Finally, Craig has filed a motion to strike Mr. Morgan's appellate brief and its exhibits.
An appeal can be dismissed at any time for lack of jurisdiction. Goal Props., Inc. v. Prestridge, 14-422 (La.App. 3 Cir. 11/5/14), 150 So.3d 610; La.Code Civ.P. art. 2162. Even when the parties do not raise the issue, appellate courts have the duty to examine sua sponte whether they have subject matter jurisdiction. Frank v. City of Eunice, 13-1118 (La.App. 3 Cir. 3/5/14), 134 So.3d 222. Significantly, the appellate court's jurisdiction is not properly invoked in the absence
A final judgment must also be precise, definite, and certain. Kimsey v. Nat'l Auto. Ins. Co., 13-856 (La.App. 3 Cir. 2/12/14), 153 So.3d 1035. Where a final judgment is rendered upon a money demand, the amount of recovery must be indicated with certainty and precision. Id. Further, a final judgment must not include amounts to be determined by a future contingency. Id. Similarly, "[t]hese requirements should be evident without reference to other documents in the record." Goal Properties, 150 So.3d at 613.
The judgment herein dissolves the sale of the subject property:
Although the amounts of the setoffs and credits are defined in the judgment, the amount actually paid by the defendants to Mr. Morgan is not indicated. Certainly, that amount is not indicated with certainty and precision. Further, there is no way to determine what was paid by the defendants to Mr. Morgan without reference to other documents in the record. See Goal Properties, 150 So.3d 610. Thus, the amount of recovery due, and whether it is due to either Mr. Morgan or the defendants, is not apparent from the judgment. Accordingly, we find that the judgment of the trial court, as constructed, is indeterminate and is therefore not a valid, appealable final judgment.
We additionally note that, when a final judgment concerns the title to immovable property, La.Code Civ.P. art. 1919 requires that the judgment "describe the immovable property affected with particularity."
Accordingly, having found that the trial court's judgment is not a valid and appealable final judgment, this court lacks subject matter jurisdiction. Thus, we do not
For the foregoing reasons, we find that the trial court's judgment dated November 13, 2014, is not a valid and appealable final judgment. We dismiss the appeal and remand for further proceedings consistent with this opinion. Costs of this appeal are assessed to the appellant, Craig Stephen Pardue.